Who Qualifies as a Custodian
Not just anyone can hold onto an electronic will. Arizona law imposes independence and security requirements on the qualified custodian to protect the integrity of the document.
A qualified custodian of an electronic will: 1. May not be related to the testator by blood, marriage or adoption. 2. May not be a devisee under the electronic will or related by blood, marriage or adoption to a devisee under the electronic will.
A.R.S. § 14-2520(1)-(2)The custodian must have no personal stake in the will's contents. This prevents conflicts of interest and ensures the person safeguarding the document has no incentive to alter it. Family members, spouses, and anyone who stands to inherit are all disqualified.
Storage and Documentation Requirements
Beyond independence, the custodian must maintain a secure electronic system that protects records from destruction, alteration, or unauthorized access, and that detects any changes to the electronic record.
The custodian must also store supporting documentation alongside the electronic will: a photograph or visual record of the testator and witnesses taken at the time of execution, copies of identification documents used to verify identities, and an audio and video recording of the testator, witnesses, and notary public (if applicable) placing their electronic signatures on the will.
Shall consistently employ and store electronic records of electronic wills in a system that protects electronic records from destruction, alteration or unauthorized access and detects any change to an electronic record.
A.R.S. § 14-2520(3)These requirements create a robust chain of evidence. If the will is ever challenged, the court has access to visual identification, signing recordings, and tamper-detection logs. The custodian can also be called as a fact witness regarding the storage and handling of the electronic will.
